Disability discrimination laws

Monday 4th October 2004 at 12:12 AM

The final part of the Disability Discrimination Act came into effect on October 1, requiring businesses to become accessible to disabled people.

Stakeholder Response: Disability Rights Commission

Bert Massie, chairman of the Disability Rights Commission, said: "Ensuring that disabled people have equal rights in employment is crucial and the new law goes a long way towards achieving this.

"Many firms, especially small businesses, are already successfully employing disabled people without realising it, so it's about doing more to ensure that the one million disabled people who want to work are able to do so."

Stakeholder Response: Leonard Cheshire

A spokesman for Leonard Cheshire said: "Leonard Cheshire believe that the provisions of the Disability Discrimination Act (DDA) that [have] come into force are a very welcome step forward for disability rights. It has never been acceptable for disabled people to be discriminated against when accessing goods and services, now at last, it is illegal too.

"The 'reasonable adjustments' that the act calls for to ensure that services are accessible should not be seen as a burden for businesses. It is socially just for goods and services to be accessible for all, and it is also good business sense for companies and service providers to open up to more customers and more potential revenue.

"Leonard Cheshire whole-heartedly welcomes the changes to the DDA - now we have to make sure that they are properly enforced and we can really push towards improving accessibility. There is still a long way to go towards full and equal opportunity for disabled people in our society, but on today we have moved closer to that goal."

Stakeholder Response: Federation of Small Businesses

A spokesman for the FSB said: "In general small businesses support the DDA, they understand that 10 million disabled people represents £50 billion of purchasing power.

 

"The changes have been well publicised. Back in autumn 2003 ninety per cent of small businesses were aware of the legislation and more than a third of small firms had already made adjustments.

 

"We are putting out the message to the remaining businesses that a little change can make all the difference.

 

"The cost of large print menus, better lighting or a hearing induction loop pales into insignificance in comparison with the commercial opportunities on offer.

 

"Small businesses have to make 'reasonable adjustments' and the law recognises that it is not reasonable for a business with a turnover of £50,000 to fit a £20,000 lift.

 

"The term reasonable adjustment is a worry - it is a little vague and its interpretation will depend heavily on the Disability Rights Commission and future courtroom decisions.

 

"The FSB is also disappointed that the government rejected its earlier calls for tax breaks for businesses that invested in disabled access, especially as tax breaks exist for investment in home computers, bicycles and independent films."

 

Stakeholder Response: Forum of Private Business

 

Nick Goulding, Forum of Private Business chief executive, said: "My fear is that the hostile and aggressive tone adopted by a minority of the disabled rights movement could set the new disability rights rules off on the wrong foot. A common sense approach is required to the implementation of these new rules.

 

"A great many small businesses are able to carry out their business without any inconvenience to disabled customers and a scaremongering, aggressive approach will do little other than create resentment.

"Businesses will understandably be unsure about how to cope with this new legislation and its costs. Open discussion with disabled customers is the best way to produce practical solutions to genuine problems.

"It should not be forgotten that the new disability rights come at the same time as businesses are having to cope with a welter of new regulations and responsibilities and it will take time for it all to settle down.

"This is particularly the case for small and medium-sized firms, many of which are operating on tight budgets with heavy workloads and small staffs. They have a lot on their plate just running their business."

Stakeholder Response: British Retail Consortium

Kevin Hawkins, BRC director general, said "Every retailer's aim is to provide first-rate service and a welcoming environment for all their customers.

 

"The retail sector has made huge efforts throughout the years to improve access for disabled customers and whilst the majority of retailers already meet the requirements set out in Part III of the DDA, we are not claiming to be perfect.

 

"However these new legal duties present an opportunity and challenge for retailers to really open up services to those 10 million adults in the UK with a disability and their friends and families.

 

"The BRC and the Disability Rights Commission have developed a practical guide for retailers to explain the new legal duties, help retailers define what is seen as ‘reasonable’ for their particular retail environment and give practical suggestions for improving the shopping experience for disabled customers."

 

Stakeholder Response: Disabilities Trust

 

A spokesman for the Disabilities Trust said: "The Disabilities Trust welcomes Friday's extension of the DDA Part III provisions on access, to all service providers. It is time that disabled people had the same access rights as the rest of the population and now at last they have the legal right to expect access to any business or organisation that provides a service to the public.

 

"From [last] Friday for the first time ever, disabled people have the right to expect access to all shops and pubs, restaurants and banks without having to negotiate the ever-present physical barriers that often lie in their way.

 

"While many small businesses in particular may feel that the provisions add yet another cost and burden to them, as the Disability Rights Commission has pointed out, it should be seen as an opportunity for businesses to take advantage of the enormous purchasing power of Britain's disabled people, currently estimated to be worth around £50 billion.

 

"The Act requires providers to make 'reasonable adjustments' and while this is unfortunately quite vague, they are not necessarily being asked to spend vast amounts of time and money making hugely expensive alterations to physical access.

 

"And there is help out there, for example the British Retail Council and the DRC have together produced a guide to make business, especially small firms aware of the changes to the law and to provide some help with questions and concerns.

 

"However business and other service providers need to recognise that 'reasonable adjustments' do include things like access to toilets. This may seem obvious but all too often disabled people find that they can get into a building, shop or pub but then cannot access the loo! 

 

"As a last resort if organisations fail to meet their new obligations then there will be the option of legal action being taken to force them to do so. It is to be hoped that this will not be necessary."

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